Fraud lawyers criticise policy turmoil over Serious Fraud Office as Government looks set to leave agency intact

The Serious Fraud Office (SFO) looks to have secured its future, at least for the time being, as expectations mount that the Government is to put controversial plans to break up the organisation on ice.

Home secretary Theresa May (pictured) is expected to confirm that the Government will not press ahead with controversial plans to split the SFO's prosecution division from its investigatory function – proposals that were strongly opposed by both staff within the agency and white-collar crime lawyers.

May appeared to back away from the plans in an interview with the Financial Times last month, citing "some reservations" about the move.

One former SFO official told Legal Week that the agency was now "back to square one". He added: "Instead of creating a single FBI-style body, [the Government] has depleted the capability of the SFO and injured the credibility of senior Government ministers."

However, it remains unclear whether the split – which would have seen investigation of complex fraud cases dealt with by a new National Crime Agency, with prosecutions to be handed over to the Crown Prosecution Service – has been ruled out altogether or simply postponed.

It is believed that May could carry out another review of the organisation's future as early as next year. The Home Office was set to make an announcement on Wednesday (8 June) regarding the future of the National Crime Agency as Legal Week went to press.

Government policy on financial regulation and combating financial crime has gone through a period of sustained upheaval over the last 12 months.

Last summer Chancellor George Osborne unveiled plans to create an Economic Crime Agency, which at one point looked likely to encompass the enforcement divisions of the SFO, the Financial Services Authority and the Office of Fair Trading. However, these plans were later amended, leaving only the SFO's powers at risk.

The threat led to criticism from white-collar crime partners, who argued that the organisation would be weakened not only by the split when it happened, but by the uncertainty in the meantime. The proposals also came in for criticism because of the timing – undermining the SFO as it prepares for this July's implementation of the Bribery Act, which is recognised to be one of the most far-reaching pieces of anti-corruption legislation in the world.

richard-alderman-sfoFormer SFO prosecutor Matthew Cowie – now of counsel at Skadden Arps Slate Meagher & Flom in London – commented: "The SFO was brought into being for a specific purpose and when I look around today, fraud and corruption challenges remain the same, if not more in need of a specialised office."

He added: "I don't know whether the Government fully realises [the SFO's] qualities and its stature with the British public and internationally – it punches above its weight."

Linklaters litigation partner and bribery specialist Satindar Dogra said: "A split would have been inefficient and would have called into question the reliance placed on guidance given by the SFO on important issues, such as self-reporting and the Bribery Act. If the Government is indeed now backing away, that is to be welcomed and it may also help with the haemorrhaging of senior staff at the SFO."

The SFO has been hit with a number of high-profile departures over the last 12 months, most recently seeing general counsel Vivian Robinson QC announce his departure to US law firm McGuireWoods (see below).

Meanwhile, SFO director Richard Alderman (pictured, right) is set to retire next year. The proposed split had led many to expect further exits, with some even speculating that Alderman – a strong advocate of the SFO's current model – could leave before his official retirement.

One source within the agency commented: "It seems the SFO is saved. The next step will be to convince the Government to work with the successful model and make it even better by introducing innovative tools such as deferred prosecution and earlier judicial involvement."

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Major SFO departures since 2008

June 2008 – Former Serious Fraud Office (SFO) director Robert Wardle joins DLA Piper as a consultant.

July 2009 – Fraud specialist Graham More leaves the SFO to join City firm Herbert Smith as a consultant.

June 2010 – Senior SFO prosecutor Matthew Cowie departs to join Skadden Arps Slate Meagher & Flom in its London corporate investigations practice.

December 2010 – Head of policy Charlie Monteith leaves to join White & Case in London and is replaced by former Ministry of Defence official Chris Walker.

January 2011 – Head of anti-corruption Robert Amaee leaves the government body to join Covington & Burling as of counsel.

February 2011 – Fraud group head Kathleen Harris announces her departure for US firm Arnold & Porter.

May 2011 – General counsel Vivian Robinson QC (pictured) announces his departure to US firm McGuireWoods.

Summer 2012 – SFO chief Richard Alderman is due to retire.